Legal Aspects of Prior Informed Consent on Access to Genetic Resources: An Analysis of Global Lawmaking and Local Implementation Toward an Optimal Normative Construction
PDF · Kuei-Jung Ni · Jul-11-2012 · 42 VAND. J. TRANSNAT'L L. 227 (2009)
Since the Convention on Biological Diversity (CBD) has been in force, national implementation of the access to and benefit-sharing (ABS) requirement on genetic resources has been flourishing. A requirement of prior informed consent (PIC) by the people controlling access to genetic resources constitutes a major instrument to deter illegal bioprospecting and to ensure fair access to genetic resources.
This Article aims to analyze the continuing global lawmaking on PIC and to conduct a comparative study on how genetically rich nations implement the PIC requirement with a view to examining whether the genuine mandate of the CBD has been fulfilled.
This Article argues that the will of local indigenous communities should be respected, regardless of whether they are entitled to give consent. Further, national operation of PIC should be under an adequate international supervision to prevent the misuse or abuse of PIC and to ensure that implementation of PIC conforms to the CBD objectives.